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					                        STATEMENT OF PROCEEDINGS
              COUNTY OF SAN DIEGO BOARD OF SUPERVISORS
                              REGULAR MEETING
                   TUESDAY, OCTOBER 18, 2005, 9:00 AM
                       Board of Supervisors North Chamber
              1600 Pacific Highway, Room 310, San Diego, California


MORNING SESSION: - Meeting was called to order at 9:03 a.m.

Present: Supervisors Pam Slater-Price, Chairwoman; Bill Horn, Vice-Chairman;
Greg Cox; Dianne Jacob; Ron Roberts, also Thomas J. Pastuszka, Clerk.

Invocation was led by Reverend Gretchen Pena of Christ Church Unity of San Diego

Pledge of Allegiance was led by Mary Catherine Swanson

Approval of Statement of Proceedings/Minutes for the Meetings of September 20, 2005
and September 27, 2005

ACTION:
ON MOTION of Supervisor Cox, seconded by Supervisor Jacob, the Board of
Supervisors approved the Statement of Proceedings/Minutes for the Meetings of
September 20, 2005 and September 27, 2005.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn


Category              Agenda No.     Subject
Health & Human           1.       IMPROVING STROKE CARE IN SAN DIEGO
Services                          COUNTY

                         2.       ACCEPTANCE OF REVENUE/GRANT AGREEMENT
                                  TO REDUCE BINGE AND UNDERAGE DRINKING
                                  [FUNDING SOURCE(S): CALIFORNIA
                                  DEPARTMENT OF ALCOHOL AND DRUG
                                  PROGRAMS]
                                  (4 VOTES)

                         3.       ACCEPTANCE OF ADULT DRUG COURT FUNDS
                                  [FUNDING SOURCE(S): CITY OF OCEANSIDE AND
                                  THE UNITED STATES DEPARTMENT OF JUSTICE]
                                  (4 VOTES)




10/18/05                                                                              1
Category        Agenda No.   Subject
                  4.     MENTAL HEALTH SERVICES -- FISCAL YEAR
                         2005-06 FEDERAL BLOCK GRANT SPENDING PLAN
                         [FUNDING SOURCE(S): SUBSTANCE ABUSE AND
                         MENTAL HEALTH SERVICES ADMINISTRATION
                         GRANT FUNDING]

                  5.     RESOLUTION AUTHORIZING DESIGNATION OF
                         MENTAL HEALTH PROFESSIONALS AND OTHER
                         PERSONS FOR INVOLUNTARY DETENTION OF
                         MENTALLY DISORDERED INDIVIDUALS

                  6.     APPROVAL OF REVISED COUNTY OF SAN DIEGO
                         MENTAL HEALTH BOARD BYLAWS

Public Safety     7.     DISTRICT ATTORNEY – DOMESTIC VIOLENCE
                         STALKING GRANT FUNDING (STATE OFFICE OF
                         EMERGENCY SERVICES)
                         [FUNDING SOURCE(S): GRANT REVENUE FROM
                         THE STATE OF CALIFORNIA OFFICE OF
                         EMERGENCY SERVICES. A LEGISLATIVELY
                         REQUIRED MATCH OF WILL BE SATISFIED
                         THROUGH IN-KIND CONTRIBUTIONS FROM THE
                         DISTRICT ATTORNEY’S OFFICE]

                  8.     DISTRICT ATTORNEY – APPROVAL OF
                         PERSONNEL LOAN AGREEMENT WITH THE FAIR
                         POLITICAL PRACTICES COMMISSION

                  9.     SHERIFF’S ACCEPTANCE OF COPS 2005
                         TECHNOLOGY GRANT FOR COMPLETION OF THE
                         NORTH COUNTY LAW ENFORCEMENT DATA
                         DISASTER RECOVERY SITE
                         [FUNDING SOURCE(S): COPS 2005 TECHNOLOGY
                         GRANT FROM THE U.S. DEPARTMENT OF
                         JUSTICE, OFFICE OF COMMUNITY ORIENTED
                         POLICING SERVICES]
                         (4 VOTES)

                  10.    MEDICAL EXAMINER FORENSIC TOXICOLOGY
                         SERVICES CONTRACT WITH THE COUNTY OF
                         SAN BERNARDINO
                         (4 VOTES)




10/18/05                                                      2
Category              Agenda No.   Subject
                        11.    AMENDMENT TO THE PRINTING, MAILING AND
                               WEB PAYMENT SERVICES CONTRACT FOR THE
                               DEPARTMENT OF CHILD SUPPORT SERVICES
                               [FUNDING SOURCE(S): IV-D FEDERAL AND STATE
                               CHILD SUPPORT REVENUE]

                        12.    ADMINISTRATIVE ITEM:
                               SECOND CONSIDERATION AND ADOPTION OF
                               ORDINANCES: PUBLIC SAFETY GROUP
                               ADMINISTRATIVE CODE AND CODE OF
                               REGULATORY ORDINANCES

Land Use &              13.    AUTHORIZE ENFORCEMENT OF THE
Environment                    COMBUSTIBLE VEGETATION AND OTHER
                               FLAMMABLE MATERIALS ORDINANCE IN THE
                               JULIAN-CUYAMACA, VALLEY CENTER, AND
                               RURAL FIRE PROTECTION DISTRICTS

Community Services      14.    NOTICED PUBLIC HEARING:
                               DOWNTOWN BLOCK - ACQUISITION OF
                               ASSESSOR’S PARCEL NUMBER 533-483-04, 05
                               (UNION STREET ASSOCIATES) AND APPROVAL
                               OF PARKING LEASE AMENDMENT
                               (4 VOTES)

                        15.    LA MESA BRANCH LIBRARY - MEMORANDUM OF
                               UNDERSTANDING AND LIBRARY SERVICES
                               AGREEMENT WITH THE CITY OF LA MESA
                               (CARRYOVER FROM 9/20/05, AGENDA NO. 3)

Financial & General     16.    LOCAL COMMUNITY PROJECTS
Government

                        17.    PLAN TO REFUND OVERPAYMENTS OF
                               TRANSIENT OCCUPANY TAX
                               (4 VOTES)

                        18.    TRANSFER OF TERRITORY BETWEEN SOLANA
                               BEACH AND DEL MAR SCHOOL DISTRICTS

                        19.    TRANSFER OF TERRITORY BETWEEN VISTA
                               UNIFIED AND BONSALL UNION/FALLBROOK
                               UNION HIGH SCHOOL DISTRICTS




10/18/05                                                             3
Category               Agenda No.   Subject
Communications           20.    COMMUNICATIONS RECEIVED
Received

Appointments             21.    ADMINISTRATIVE ITEM:
                                APPOINTMENTS

Finance & General        22.    LOCAL COMMUNITY PROJECTS GRANTS
Government                      (DISTRICT 3)

                         23.    APPOINTMENTS TO THE CALIFORNIA STATE
                                ASSOCIATION OF COUNTIES (CSAC)

                         24.    PROTECTING CALIFORNIA’S COASTLINE

Closed Session           25.    CLOSED SESSION

Awards/Presentations     26.    AWARDS/PRESENTATIONS

Public Communication     27.    PUBLIC COMMUNICATION




10/18/05                                                               4
1.   SUBJECT:       IMPROVING STROKE CARE IN SAN DIEGO COUNTY (DISTRICT:
                    ALL)

     OVERVIEW:
     Stroke continues to be one of the leading causes of death and disability in the United States.
     Every 45 seconds someone’s life is threatened by a stroke. Between 1999 and 2002, there was
     an average of 1,546 stroke-related deaths each year in San Diego County. The economic
     impact of stroke and cardiovascular disease in the United States is vast. In 2004 the economic
     impact was estimated to be over $360 billion. Through education and awareness we can reduce
     the risk of stroke, and with prompt treatment, we can improve outcomes for stroke victims.
     Today’s action will launch a cooperative initiative with community partners to improve stroke
     care in San Diego County.

     RECOMMENDATION:
     CHAIRWOMAN SLATER-PRICE:
     1. Direct the Chief Administrative Officer to convene a “Stroke Task Force” with the goal of
        improving health outcomes for stroke victims in San Diego County.
     2. Direct the Chief Administrative Officer to return to the Board of Supervisors in 180 days
        with a Stroke Task Force progress report on improving health outcomes for stroke care in
        San Diego County.
     3. Allocate $20,000 from the Community Projects Grant Budget (org 0263) to the American
        Stroke Association Division of the American Heart Association for a public awareness and
        educational campaign that will inform the public how to recognize the signs and symptoms
        of stroke and how to obtain help.
     4. Authorize the Chief Financial Officer to execute a grant agreement with this organization
        establishing terms for receipt of the funds described above.
     5. Find that the grant award described above has a public purpose.
     ACTION:
     Adding a Recommendation that a representative from the Sharp Grossmont Hospital
     Systemwide Emergency Stroke Program be invited to participate on the “Stroke Task Force;”
     ON MOTION of Supervisor Slater-Price, seconded by Supervisor Horn, the Board took action
     as recommended.
     AYES: Cox, Jacob, Slater-Price, Roberts, Horn


2.   SUBJECT:       ACCEPTANCE OF REVENUE/GRANT AGREEMENT TO REDUCE
                    BINGE AND UNDERAGE DRINKING (DISTRICT: ALL)

     OVERVIEW:
     On December 7, 2004 (3), the Board authorized the Health and Human Services Agency
     Director to accept a $300,000 grant from the California Department of Alcohol and Drug
     Program’s State Incentive Grant program. The grant award funded the preparation of a plan to
     reduce binge drinking in the County of San Diego, which was submitted to the State for
     consideration for future funding on June 30, 2005.


     10/18/05                                                                               1
     On August 4, 2005, the California Department of Alcohol and Drug Programs notified the
     Health and Human Services Agency that the two-year implementation plan had been accepted
     for funding beginning October 1, 2005 through September 30, 2007. The funding amount is
     $300,000 for each of the two federal fiscal years.
     Today’s item requests the Board to accept and appropriate the funding from the California
     Department of Alcohol and Drug Programs grant.

     FISCAL IMPACT:
     The Health and Human Services Agency FY 2005-06 Operational Plan includes $75,000 for
     the State Incentive Grant. If approved, this action will increase current year costs and revenue
     by $300,000 and FY 2006-07 costs and revenue by $300,000. The funding source for the
     increased revenue is the California Department of Alcohol and Drug Programs. There will be
     no additional staff years and no increase to net General Fund Cost.

     RECOMMENDATION:
     CHIEF ADMINISTRATIVE OFFICER
     1. Waive Board Policy B-29, Fees, Grants, Revenue Contracts – Department Responsibility
        for Cost Recovery.
     2. Ratify and authorize the Health and Human Services Director, or her designee, to execute
        a $600,000 grant from the California Department of Alcohol and Drug Programs for
        Binge and Underage Drinking prevention services for the period of October 1, 2005
        through September 30, 2007.
     3. Establish additional appropriations in the amount of $300,000 in the Health and Human
        Services Agency, Alcohol and Drug Services Substance Abuse Prevention and Treatment
        Block Grant Funds (45848) based on unanticipated revenue from the California
        Department of Alcohol and Drug Programs (4 Votes).
     ACTION:
     ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board took action as
     recommended on Consent.
     AYES: Cox, Jacob, Slater-Price, Roberts, Horn

3.   SUBJECT:        ACCEPTANCE OF ADULT DRUG COURT FUNDS
                     (DISTRICT: ALL)

     OVERVIEW:
     On August 20, 1996 (10), at the recommendation of Supervisor Roberts, the Board approved a
     series of actions to establish a Drug Court Pilot Program to provide offenders a voluntary
     alternative to incarceration. Subsequently, the Board expanded the Drug Court Program to all
     four divisions of the Superior Court making it an integral part of the County's overall alcohol
     and other drug service delivery system. Those offenders who enter the program are required to
     participate in alcohol or other drug treatment and testing services with ongoing intensive
     supervision by the Court.




     10/18/05                                                                                 2
 On March 31, 1998 (47), the Board authorized staff to seek funding from other public
agencies and private organizations to develop additional resources for maintenance of the Drug
Court Program.
On May 4, 2005, the Oceanside City Council voted to provide $50,000 to support the North
County Drug Court Program. These funds will be used to support the costs of treatment and
testing for 10 additional drug court clients in the North County program. Funding for future
years is dependent upon continued authorization of funds by the City of Oceanside.
An unmet need has been the ability to provide mental health services to clients enrolled in the
Adult Drug Court Program. Funding was received through the Department of Justice in the
amount of $199,926 for the period of July 1, 2005 through June 30, 2007. Funding will be
added to existing Adult Drug Court contracts to support a licensed mental health clinician to
provide mental health assessments and consultation for the program.
Today’s item requests the Board to accept funding from the City of Oceanside and the grant
from the Department of Justice and to appropriate funding.

FISCAL IMPACT:
The Health and Human Services Agency FY 2005-06 Operational Plan includes $1,275,000
for the Adult Drug Court Treatment and Testing Program. If approved, this action will
increase current year costs and revenue by $149,963, and FY 2006-07 costs and revenue by
$99,963. The funding sources for the increased revenue are the City of Oceanside and the
United States Department of Justice. There will be no change in net General Fund cost and no
additional staff years.

RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
1. Waive Board Policy B-29, Fees, Grants, Revenue Contracts – Department Responsibility
   for Cost Recovery.
2.   Authorize the Health and Human Services Agency Director, or her designee, to execute a
     Memorandum of Understanding with the City of Oceanside for the period of July 1, 2005
     to June 30, 2006 and accept the amount of $50,000 to fund Adult Drug Court Treatment
     and Testing Program.
3.   Ratify and authorize the Health and Human Services Agency Director, or her designee, to
     execute a $199,926 grant from the United States Department of Justice for the period of
     July 1, 2005 through June 30, 2007 to fund mental health services for the Adult Drug
     Court Treatment and Testing Program.
4.   Establish appropriations in the amount of $149,963 in the Health and Human Services
     Agency, Alcohol and Drug Services (44975) based on unanticipated revenue from the
     City of Oceanside ($50,000) and the United States Department of Justice ($99,963) (4
     Votes).




10/18/05                                                                                3
     ACTION:
     ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board took action as
     recommended on Consent.
     AYES: Cox, Jacob, Slater-Price, Roberts, Horn


4.   SUBJECT:       MENTAL HEALTH SERVICES -- FISCAL YEAR 2005-06 FEDERAL
                    BLOCK GRANT SPENDING PLAN (DISTRICT: ALL)

     OVERVIEW:
     The Health and Human Services Agency (HHSA) annually receives funding from a federal
     block grant source, Substance Abuse and Mental Health Services Administration (SAMHSA).
     SAMHSA funds must be used for services to mentally ill adults, children, and adolescents. To
     comply with California Department of Mental Health requirements, a spending plan for the
     use of these funds must be developed annually. The Board ratified the Fiscal Year 2004-05
     SAMHSA spending plan on August 17, 2004 (4). Today’s action will accept the SAMHSA
     Federal Block Grant funds for FY 2005-06 and ratify the FY 2005-06 plan, which has been
     submitted to the State in accordance with State procedures. In line with previous Board
     direction, this action also seeks authorization for the Director, Health and Human Services
     Agency, to approve the revised mid-year FY 2005-06 spending plan.

     FISCAL IMPACT:
     Funds are included in the FY 2005-06 Operational Plan. If approved, this request will result in
     FY 2005-06 cost and revenue of $3,213,726, an increase of $33,035 over FY 2004-05, and
     subsequent year cost and revenue of $3,213,726. The funding source is Substance Abuse and
     Mental Health Services Administration grant funding of $3,213,726. There will be no change
     in net General Fund cost and no additional staff years.

     RECOMMENDATION:
     CHIEF ADMINISTRATIVE OFFICER
     1. Accept the Substance Abuse and Mental Health Services Administration (SAMHSA)
        Federal Block Grant funds of $3,213,726 for FY 2005-06.
     2. Ratify the proposed SAMHSA spending plan for FY 2005-06 for $2,334,874 in ongoing
        annual base funding and $878,852 in dual diagnosis set-aside, for a total of $3,213,726,
        and authorize the Director, Health and Human Services Agency, to approve the revised
        mid-year FY 2005-06 spending plan.
     ACTION:
     ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board took action as
     recommended on Consent.
     AYES: Cox, Jacob, Slater-Price, Roberts, Horn




     10/18/05                                                                                4
5.   SUBJECT:        RESOLUTION AUTHORIZING DESIGNATION OF MENTAL
                     HEALTH PROFESSIONALS AND OTHER PERSONS FOR
                     INVOLUNTARY DETENTION OF MENTALLY DISORDERED
                     INDIVIDUALS (DISTRICT: ALL)

     OVERVIEW:
     State law authorizes police officers and designated mental health and other professionals to
     involuntarily detain certain mentally disordered individuals for up to 72 hours for treatment
     and evaluation. Persons involuntarily detained under State law must be gravely disabled, a
     danger to others, or a danger to themselves, and can only be placed in facilities designated
     under State law for involuntary detentions. The State gives the local Mental Health Director
     the authority to designate which mental health and other professionals can make
     determinations on involuntary detentions, and the responsibility to ensure that involuntary
     detentions and treatment while in detention are in compliance with State law.
     On December 6, 1994 (11), the Board approved a resolution authorizing the local Mental
     Health Director to designate certain qualified professionals with involuntary detention powers.
     Board action is requested to approve a revised resolution to reflect various programming,
     reorganization and system redesign changes that have occurred in the public mental health
     system since 1994, to reinforce standardized county-wide compliance with State law, and to
     respond to County and community concerns for improved accountability in determining
     involuntary detentions.

     FISCAL IMPACT:
     There is no fiscal impact associated with this action.

     RECOMMENDATION:
     CHIEF ADMINISTRATIVE OFFICER
     Adopt the resolution entitled A RESOLUTION OF THE BOARD OF SUPERVISORS OF
     THE COUNTY OF SAN DIEGO PROVIDING FOR THE DESIGNATION OF MENTAL
     HEALTH PROFESSIONALS AND OTHER SPECIFIED PERSONS PURSUANT TO
     SECTIONS 5150 AND 5585.50 OF THE WELFARE AND INSTITUTIONS CODE.
     ACTION:
     ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, this item was withdrawn
     at the request of the Chief Administrative Officer on Consent.
     AYES: Cox, Jacob, Slater-Price, Roberts, Horn


6.   SUBJECT:        APPROVAL OF REVISED COUNTY OF SAN DIEGO MENTAL
                     HEALTH BOARD BYLAWS (DISTRICT: ALL)

     OVERVIEW:
     Effective September 1, 2005, the County of San Diego Mental Health Board began holding its
     regularly scheduled meeting on the first Thursday of each month, starting at 4:00 p.m. at the
     County Administration Center. The amended bylaws reflect the new meeting time for the
     Mental Health Board as required by Section 54594(a) of the Ralph M. Brown Act.



     10/18/05                                                                                5
     Additionally, the bylaws were amended to reflect changes in policy regarding unexcused
     absences and what constitutes a quorum for the Mental Health Board’s Executive Committee.
     This item requests that your Board, as the County of San Diego’s mental health governing
     body, approve the amended bylaws as proposed by the Mental Health Board, consistent with
     Welfare and Institutions Code, Section 5604.5.

     FISCAL IMPACT:
     N/A

     RECOMMENDATION:
     CHIEF ADMINISTRATIVE OFFICER
     Approve the amended County of San Diego Mental Health Board bylaws, as required by the
     Welfare and Institutions Code, Section 5604.5
     ACTION:
     ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board took action as
     recommended on Consent.
     AYES: Cox, Jacob, Slater-Price, Roberts, Horn

7.   SUBJECT:        DISTRICT ATTORNEY – DOMESTIC VIOLENCE STALKING
                     GRANT FUNDING (STATE OFFICE OF EMERGENCY SERVICES)
                     (DISTRICT: ALL)

     OVERVIEW:
     On September 21, 2004 (4), your Board approved funding for the seventh year Domestic
     Violence Stalking grant application for the period July 1, 2004 through June 30, 2005. This
     grant was augmented and extended for an additional six months on a non-competitive basis
     through December 31, 2005 in the amount of $57,823 and required a local match of $19,274,
     which will be satisfied through in-kind resources.
     This is a request to approve the submission of the Domestic Violence Stalking Request for
     Proposal (RFP) to the State of California Office of Emergency Services (OES) in the amount
     of $90,000 for the period January 1, 2006 through June 30, 2006. If awarded, the grant will
     support the District Attorney’s efforts to vertically prosecute violent crimes against women,
     including sexual assault, domestic violence, and stalking. This is a competitive proposal in
     which OES intends to fund 15 District and City Attorney offices statewide. If awarded, the
     grant requires a local match of $30,000, which will be supported by in-kind resources. For the
     past seven years this grant has not been competitive.

     FISCAL IMPACT:
     Funds for this request are budgeted in the District Attorney’s Fiscal Year 2005-06 Adopted
     Operational Plan. If approved, this request will result in current year direct costs of $120,000
     and revenue of $90,000. The funding source is grant revenue from the State of California
     Office of Emergency Services. A legislatively required match of $30,000 will be satisfied
     through in-kind contributions from the District Attorney’s Office. No additional staff years
     are required.




     10/18/05                                                                                 6
     RECOMMENDATION:
     DISTRICT ATTORNEY
     1. Waive Board Policy B-29, Fees, Grants, Revenue Contracts – Department Responsibility
        for Cost Recovery, which requires full cost recovery for grants.
     2. Adopt the resolution approving the submission of the Domestic Violence Stalking Request
        for Proposal in the amount of $90,000 for the period January 1, 2006 through June 30,
        2006 and authorize execution of the attached grant documents by the Clerk of the Board,
        including any extensions or amendments thereof that do not materially impact or alter
        either the grant program or funding level.
     ACTION:
     ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board took action as
     recommended on Consent, adopting Resolution No. 05-190 entitled: RESOLUTION
     AUTHORIZING THE SAN DIEGO COUNTY DISTRICT ATTORNEY TO SUBMIT THE
     DOMESTIC VIOLENCE STALKING (VIOLENCE AGAINST WOMEN VERTICAL
     PROSECUTION PROGRAM) GRANT PROPOSAL.
     AYES: Cox, Jacob, Slater-Price, Roberts, Horn


8.   SUBJECT:       DISTRICT ATTORNEY – APPROVAL OF PERSONNEL LOAN
                    AGREEMENT WITH THE FAIR POLITICAL PRACTICES
                    COMMISSION (DISTRICT: ALL)

     OVERVIEW:
     The District Attorney's Office needs to ensure that its staff is well trained on the complex
     rules, regulations and opinions governing the enforcement of the Political Reform Act (PRA),
     in order to maintain fair and equitable countywide elections. The mission of the Fair Political
     Practices Commission (FPPC) is to promote the integrity of representative state and local
     government in California through fair, impartial interpretation and enforcement of political
     campaign, lobbying, and conflict of interest laws through the enforcement of the PRA.
     The FPPC is experiencing a case backlog and would benefit from an experienced prosecutor to
     assist with this backlog. The District Attorney is recommending the temporary placement of a
     Deputy District Attorney with the FPPC to assist them with their backlog and provide valuable
     knowledge and experience in the area of PRA violations. Today’s action would authorize the
     relocation of one Deputy District Attorney to the Fair Political Practices Commission in
     Sacramento for a period of six to eight months to prosecute violations of the PRA. The
     District Attorney's Office would be responsible for the salary and benefits of the Deputy
     District Attorney and initial travel expenses to Sacramento and back to San Diego. Short-term
     housing expenses would be the responsibility of the FPPC pursuant to the Interjurisdictional
     Personnel Loan Agreement and normal living expenses would be the responsibility of the
     Deputy District Attorney.




     10/18/05                                                                                7
     FISCAL IMPACT:
     The District Attorney’s FY 2005-06 Adopted Operational Plan includes funding for travel and
     training activities that would be utilized for the purpose of reimbursing one Deputy District
     Attorney assigned to prosecute cases for the Fair Political Practices Commission, subject to
     Board approval. The Fair Political Practices Commission will pay for housing expenses and
     any costs incidental with prosecuting the Commission’s cases, while the Deputy District
     Attorney would be responsible for all other living expenses. The District Attorney will pay for
     initial travel to Sacramento and back to San Diego, as well as all salary and related benefits for
     the Deputy District Attorney assigned to the Fair Political Practices Commission.
     RECOMMENDATION:
     DISTRICT ATTORNEY
     1. Approve transfer to the FPPC and relocation of one Deputy District Attorney to
        Sacramento for the purpose of receiving training and providing prosecutorial assistance in
        prosecuting Fair Political Practices Commission cases.
     2. Authorize the District Attorney to execute the Interjurisdictional Personnel Loan
        Agreement between the Fair Political Practices Commission and the District Attorney’s
        Office subject to review and approval by County Counsel.
     3. Allow the transferred Deputy District Attorney to use San Diego County travel policies,
        rates and forms.
     ACTION:
     ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board took action as
     recommended on Consent.
     AYES: Cox, Jacob, Slater-Price, Roberts, Horn


9.   SUBJECT:        SHERIFF’S ACCEPTANCE OF COPS 2005 TECHNOLOGY GRANT
                     FOR COMPLETION OF THE NORTH COUNTY LAW
                     ENFORCEMENT DATA DISASTER RECOVERY SITE
                     (DISTRICT: ALL)
     OVERVIEW:
     Since 2001, the Sheriff’s Department has been working to establish and maintain higher levels
     of stability in its law enforcement Information Technology (IT) and communications
     infrastructure. Integral to the Sheriff’s IT strategy is the creation of a secondary data center
     located away from the Sheriff’s primary IT operations facility in Kearny Mesa. This remote
     site would provide ongoing operational capability if the primary facility goes off-line due to a
     catastrophic event or power outage.
     The Department submitted a grant proposal to the U.S. Department of Justice, Community
     Policing Services (COPS) to assist in the establishment of a North County site and was
     awarded a grant in the amount of $493,322. The Sheriff’s Department is seeking authorization
     to accept the U.S. Department of Justice, Community Oriented Policing Services (COPS) 2005
     Technology Grant for the development of the North County Data Disaster Recovery Site in the
     North County Regional Center located in Vista.



     10/18/05                                                                                   8
      FISCAL IMPACT:
      Funds for this request are not budgeted. The funding source is a $493,322 COPS 2005
      Technology Grant from the U.S. Department of Justice, Office of Community Oriented
      Policing Services. If approved, this request will result in $493,322 current year costs and
      revenues. Ongoing equipment, software and data center maintenance costs are estimated at
      $55,000 annually and will be included in the Sheriff’s Fiscal Year 2006-2007 Operational
      Plan. This request will require the addition of no staff years.

      RECOMMENDATION:
      SHERIFF
      1. Waive the provisions of Board Policy B-29, which requires approval of the Board of
         Supervisors prior to grant submission.
      2. Waive Board Policy A-91, Mid-Year Budget Changes.
      3. Ratify the submission and authorize the acceptance of the COPS 2005 Technology Grant
         for $493,322 from the U.S. Department of Justice, Office of Community Oriented Policing
         Services, for the period December 8, 2004 through December 7, 2007.
      4. Authorize the Sheriff to execute the COPS 2005 Technology Grant documents and any
         extensions, amendments, or revisions that do not materially impact or alter either the grant
         program or funding level.
      5. Establish appropriations of $493,322 in the Sheriff’s Department for services and supplies
         and fixed assets based on unanticipated revenue from the U.S. Department of Justice,
         Office of Community Oriented Policing Services. (4 VOTES)
      ACTION:
      ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board took action as
      recommended on Consent.
      AYES: Cox, Jacob, Slater-Price, Roberts, Horn


10.   SUBJECT:       MEDICAL EXAMINER FORENSIC TOXICOLOGY SERVICES
                     CONTRACT WITH THE COUNTY OF SAN BERNARDINO
                     (DISTRICT: ALL)

      OVERVIEW:
      This is a request to approve and authorize a revenue contract with the County of San
      Bernardino for forensic toxicology services. The services provided to the County of San
      Bernardino produce revenue that reduces the Medical Examiner Department’s Net General
      Fund Costs. These contracted toxicology services have been provided to the County of San
      Bernardino since December 1, 1998, with the most recent contract having expired on June 30,
      2005. The present recommendation is for approval of a one- year contract beginning July 1,
      2005, for estimated annual revenues of up to $300,000.




      10/18/05                                                                                9
      FISCAL IMPACT:
      A portion of the funds, $185,400, is included in the Fiscal Year 2005-06 Operational Plan. The
      revenue source is the County of San Bernardino. If approved, this request will result in up to
      $300,000 current year costs and revenue and will require the addition of no staff years. Costs
      are revenue offset in accordance with the Medical Examiner Department fees authorized by
      your Board on May 13, 2003 (18).

      RECOMMENDATION:
      CHIEF ADMINISTRATIVE OFFICER
      1. Waive Board Policy A-91, Mid-Year Budget Changes.
      2. Approve and authorize the Medical Examiner to execute a Revenue Contract for Forensic
         Toxicology Services with the County of San Bernardino, effective July 1, 2005 through
         June 30, 2006, subject to County Counsel approval.
      3. Establish appropriations of $114,600 in Services and Supplies for laboratory supplies in
         the Medical Examiner Department based on unanticipated revenue from the County of San
         Bernardino. (4 VOTES)

      ACTION:
      ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board took action as
      recommended on Consent.
      AYES: Cox, Jacob, Slater-Price, Roberts, Horn


11.   SUBJECT:       AMENDMENT TO THE PRINTING, MAILING AND WEB PAYMENT
                     SERVICES CONTRACT FOR THE DEPARTMENT OF CHILD
                     SUPPORT SERVICES (DISTRICT: ALL)

      OVERVIEW:
      On August 12, 2003 (#7) the Board of Supervisors authorized the Director of Purchasing and
      Contracting to issue a competitive solicitation for the Department of Child Support Services
      (DCSS) to print and mail billing statements and to provide a web based child support credit
      card payment system (e-pay). On January 1, 2004 a contract was awarded to PNMit for a term
      of three (3) years, with two (2) option years.
      The contract terms and conditions of the agreement allow for an expansion of the printing and
      mailing services to include additional DCSS mailings. The cost for additional services is
      projected to exceed the annual contract limit; therefore, DCSS is requesting approval to
      increase the PNMit contract from an annual cost of $340,000 to $558,000 to allow an
      expansion of the printing and mailing services and for a change in fees for e-pay services.

      FISCAL IMPACT:
      Funds for this request are budgeted. The annual cost for the revised contract will not exceed
      $558,000, and is fully revenue offset. The funding sources are IV-D Federal and State Child
      Support revenue. This request will require the addition of no staff years.




      10/18/05                                                                               10
      RECOMMENDATION:
      CHIEF ADMINISTRATIVE OFFICER
      In accordance with Board Policy A-87, Competitive Procurement, authorize the Director of
      Department of Purchasing and Contracting to amend contract No. 46235 with PNMit to
      increase the authorized contract amount to reflect changes to services and funding, subject to
      the availability of funds; and to amend the contract as required to reflect these changes, subject
      to the approval of the Director, Department of Child Support Services. Waive the advertising
      requirement of Board Policy A-87.
      ACTION:
      ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board took action as
      recommended on Consent.
      AYES: Cox, Jacob, Slater-Price, Roberts, Horn

12.   SUBJECT:        ADMINISTRATIVE ITEM:
                      SECOND CONSIDERATION AND ADOPTION OF ORDINANCES:
                      PUBLIC SAFETY GROUP ADMINISTRATIVE CODE AND CODE OF
                      REGULATORY ORDINANCES (DISTRICT: ALL)

      OVERVIEW:
      On September 27, 2005 (1), the Board of Supervisors took action as recommended, on
      consent, submitting Ordinances for further Board consideration and adoption on October 18,
      2005.
      On December 8, 1998 (53), the Board of Supervisors approved the current Sunset Review
      Process based on a seven-year review cycle of the San Diego County Board of Supervisors
      Policies, Administrative Code and Code of Regulatory Ordinances. In accordance with Board
      Policy A-76, Sunset Review, the Public Safety Group periodically reviews these materials to
      ensure that obsolete provisions are deleted and remaining Code and Policy provisions reflect
      current standards and practices.
      The Public Safety Group requests Board approval for continuance, deletions, amendments to,
      and/or updates of the sunset review dates related to the San Diego County Board of
      Supervisors Policies, Administrative Code and Code of Regulatory Ordinances as described
      below.

      RECOMMENDATION:
      CHIEF ADMINISTRATIVE OFFICER
      Adopt Ordinances entitled (MAJORITY VOTE):
         AN ORDINANCE AMENDING SECTIONS OF THE SAN DIEGO COUNTY
         ADMINISTRATIVE CODE RELATING TO THE REGIONAL SECURITY
         COMMISSION, DEPARTMENT OF THE MEDICAL EXAMINER, JUVENILE
         DELINQUENCY PREVENTION COMMISSION, ADULT INSTITUTIONS, CITIZENS
         LAW ENFORCEMENT REVIEW BOARD, JUVENILE FACILITIES, DEPARTMENT
         OF THE PUBLIC DEFENDER AND DEPARTMENT OF THE ALTERNATE PUBLIC
         DEFENDER and



      10/18/05                                                                                 11
         AN ORDINANCE AMENDING SECTIONS OF THE SAN DIEGO COUNTY CODE OF
         REGULATORY ORDINANCES TITLE 2 AND TITLE 3, DIVISION 2 AND DIVISION
         9 RELATING TO LICENSES, BUSINESS REGULATIONS AND BUSINESS TAXES
         AND PUBLIC SAFETY MORALE AND WELFARE

      ACTION:
      ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board took action as
      recommended on Consent adopting Ordinance No. 9737 (New Series) entitled: AN
      ORDINANCE AMENDING SECTIONS OF THE SAN DIEGO COUNTY
      ADMINISTRATIVE CODE RELATING TO THE REGIONAL SECURITY COMMISSION,
      DEPARTMENT OF THE MEDICAL EXAMINER, JUVENILE DELINQUENCY
      PREVENTION COMMISSION, CITIZENS LAW ENFORCEMENT REVIEW BOARD,
      ADULT INSTITUTIONS, JUVENILE FACILITIES, DEPARTMENT OF THE PUBLIC
      DEFENDER AND DEPARTMENT OF THE ALTERNATE PUBLIC DEFENDER, and
      Ordinance No. 9738 (New Series): AN ORDINANCE AMENDING SECTIONS OF THE
      SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES TITLE 2 AND TITLE
      3, DIVISION 2 AND DIVISION 9 RELATING TO LICENSES, BUSINESS
      REGULATIONS AND BUSINESS TAXES AND PUBLIC SAFETY MORALE AND
      WELFARE.
      AYES: Cox, Jacob, Slater-Price, Roberts, Horn


13.   SUBJECT:       AUTHORIZE ENFORCEMENT OF THE COMBUSTIBLE
                     VEGETATION AND OTHER FLAMMABLE MATERIALS
                     ORDINANCE IN THE JULIAN-CUYAMACA, VALLEY CENTER,
                     AND RURAL FIRE PROTECTION DISTRICTS (DISTRICT: 1,2,5)

      OVERVIEW:
      On February 25, 2004 (29), the County of San Diego adopted an Ordinance relating to
      Combustible Vegetation and Other Flammable Materials to improve fire safety by reducing
      the accumulation of combustible vegetation and other flammable materials. The County
      currently has the responsibility and authority to enforce its Removal of Combustible
      Vegetation and Other Flammable Materials Ordinance in the unincorporated areas of the
      County outside of fire protection district boundaries. The authority and responsibility to
      enforce the Ordinance remains with the respective Fire Protection or related agencies for areas
      within fire district boundaries.
      The proposed Board action is for the County to accept the final enforcement responsibility of
      the Removal of Combustible Vegetation and Other Flammable Materials Ordinance from the
      Julian-Cuyamaca, Valley Center, and Rural Fire Protection Districts, as well as from the
      Yuima, Pauma Valley, and Mootamai Municipal Water Districts. This partnership with local
      fire protection and water districts will expedite the removal of combustible vegetation and
      other flammable materials while encouraging greater compliance with the Ordinance. The cost
      of enforcement and removal of the combustible materials is included in the County’s Fire
      Safety and Fuels Reduction Program.




      10/18/05                                                                               12
      FISCAL IMPACT:
      Costs of implementing this program will be absorbed in the existing Fire Safety and Fuels
      Reduction program. The proposed action will require the addition of no staff years and will
      have no additional impact on the County General Fund.

      BUSINESS IMPACT STATEMENT:
      The County is committed to enlisting local agencies and technical experts to reduce fire
      hazards and support economic viability through utilization of resulting woody biomass.

      RECOMMENDATION:
      CHIEF ADMINISTRATIVE OFFICER
      1. Find that the proposed project is exempt from the California Environmental Quality Act
         (CEQA) as specified under Public Resources Code Section 21080(b)(3), and CEQA
         Guidelines Section 15269(a), for Declared Emergency projects, and Public Resources
         Code Section 21080(b)(4) and CEQA Guidelines Section 15269(c) for areas outside of the
         Declared Emergency, for the reasons detailed in the Notice of Exemption Form on file
         with the Department of Planning and Land Use (Attachment A).
      2.   Accept administrative and enforcement responsibility for the abatement of combustible
           vegetation and other flammable materials in the Julian-Cuyamaca, Valley Center, and
           Rural Fire Protection Districts and the Yuima, Pauma Valley, and Mootamai Municipal
           Water Districts in accordance with the Removal of Combustible Vegetation and Other
           Flammable Materials Ordinance.
      ACTION:
      ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board took action as
      recommended on Consent.
      AYES: Cox, Jacob, Slater-Price, Roberts, Horn


14.   SUBJECT:       NOTICED PUBLIC HEARING:
                     DOWNTOWN BLOCK - ACQUISITION OF ASSESSOR’S PARCEL
                     NUMBER 533-483-04, 05 (UNION STREET ASSOCIATES) AND
                     APPROVAL OF PARKING LEASE AMENDMENT (DISTRICT: 1)

      OVERVIEW:
      On September 20, 2005 (6), the Board of Supervisors directed the Clerk of the Board to
      publish the required Notice of Intention to Purchase for Assessor’s Number 533-483-04, 05, in
      accordance with Government Code Sections 25350 and 6063, setting Public Hearing for
      October 18, 2005.
      On August 11, 1998 (22), the Board of Supervisors authorized the Department of General
      Services to enter into negotiations with the owners of the properties bounded by Union, State,
      B, and C streets in downtown San Diego. The County has subsequently acquired three of the
      four parcels that comprise this block, which is strategically located just north of the Hall of
      Justice and close to the Central Jail and could serve multiple County space needs in the
      downtown area.


      10/18/05                                                                               13
      The Board is requested today to set a hearing for October 18, 2005 to consider the approval of
      the Purchase and Sale Agreement for the acquisition of final parcel, Assessor’s Parcel Number
      533-483-04, 05 from Union Street Associates for $3,500,000 and approve a lease amendment
      that incorporates the parcel into an existing lease between Five Star Parking and the County.

      FISCAL IMPACT:
      If approved, this proposal will result in a current year cost of $3,515,000 from the Justice
      Facility Construction Fund (Capital Project 1000181, Downtown Block acquisition), no annual
      cost, and no additional staff years. The current Five Star parking lease will be renegotiated
      and extended to include the new acquisition. The new annual net income from the parking
      lease will be $739,200, a $269,550 increase over the current lease. The lease payments will be
      deposited into the General Fund, Public Safety Group Executive Office as over-realized
      revenues.

      RECOMMENDATION:
      CHIEF ADMINISTRATIVE OFFICER
      1. Find, in accordance with Article 19, Section 15301 of the California Environmental Quality
         Act guidelines, that the proposed acquisition is categorically exempt from the
         environmental assessment, as it involves the continuation of an existing use.
      2. Approve the Purchase and Sale Agreement and Joint Escrow Instructions for the purchase
         of Assessor’s Parcel Number 533-483-04, 05 from Union Street Associates for $3,500,000
         and direct the Clerk of the Board to execute two originals of the contracts, upon receipt.
      3. Authorize the Director, Department of General Services, or assignee, to execute all escrow
         and related documents necessary to complete the purchase.
      4. Authorize the Director, Department of General Services to execute a lease amendment with
         Five Star Parking, upon receipt (4 VOTES).

      ACTION:
      ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board took action as
      recommended on Consent.
      AYES: Cox, Jacob, Slater-Price, Roberts, Horn


15.   SUBJECT:       LA MESA BRANCH LIBRARY - MEMORANDUM OF
                     UNDERSTANDING AND LIBRARY SERVICES AGREEMENT WITH
                     THE CITY OF LA MESA (DISTRICT: 2)
                     (CARRYOVER FROM 9/20/05, AGENDA NO. 3)

      OVERVIEW:
      On September 20, 2005 (3), the Board of Supervisors continued this item to October 18, 2005.
      The County owns and operates the La Mesa branch library at 8055 University Avenue, La
      Mesa.
      The building is more than 40 years old and does not adequately meet the current and future
      needs of the community. On March 22, 2005 (4), the Board of Supervisors authorized the
      Director of the Department of General Services to enter into negotiations with the City of La


      10/18/05                                                                              14
Mesa for the transfer of the County Library parcel to the City. In exchange, the City will
commit to provide new interim and permanent library facilities, all at no cost to the County. It
is estimated that the interim library facility could be completed and ready for County
occupancy within the next 18 months.
The City desires to acquire the existing library building (County Parcel Number 2005-0190-A)
to accommodate construction of a new police station. The City proposes to relocate the
existing branch library into a new, interim library facility until the City secures the necessary
funding to build a new, permanent library. The Memorandum of Understanding provides the
framework for the future transfer of the County parcel, design, and construction of new, City-
owned, interim and permanent library facilities, and future library operations in the new
facilities. The Board is requested today to consider and approve the Memorandum of
Understanding and Library Services Agreement.

FISCAL IMPACT:
There is no fiscal impact as a result of this action in Fiscal Year 2005-06. When the County
relocates to the interim site following transfer of the County parcel to the City, there would be
a net annual cost reduction to the County of $65,000 (in 2005-06 dollars) for maintenance,
utilities, and custodial services at the current La Mesa Branch Library. The City will assume
responsibility for these costs at the interim and permanent library facilities. In return, the
County will transfer ownership of the County parcel to the City, the estimated current market
value of which is $750,000. The value of the County’s no-cost occupancy of the interim and
permanent library facilities over the anticipated 40-year term of the Library Services
Agreement far exceeds the current market value of the County parcel. If the County parcel is
transferred to the City and the City fails to obtain the funding required to commence
construction of the permanent library within 10 years, the City would pay the County the fair
market value, as of the date of termination of the Memorandum of Understanding, of the
County parcel. No additional staff years are required as a result of this action.
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
1. Find that the proposed action is exempt from the California Environmental Quality Act
   (CEQA) under Article 5, Section 15060(c)(3) of the State CEQA Guidelines because it is
   not a project as defined by Section 15378.
2. Approve the Memorandum of Understanding Between the City of La Mesa and the
   County of San Diego concerning the La Mesa Branch Library, and authorize the Clerk of
   the Board of Supervisors to execute two originals of the document, upon receipt.
3. Approve the Library Services Agreement between the City of La Mesa and the County of
   San Diego for the Provision of Library Services at Both an Interim and Permanent
   Library, and authorize the Clerk of the Board of Supervisors to execute two originals of
   the Agreement, upon receipt. This Agreement will become effective upon the County’s
   occupancy of the interim library facility.

ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Cox, the Board continued the
item until November 1, 2005.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn


10/18/05                                                                                15
16.   SUBJECT:        LOCAL COMMUNITY PROJECTS (DISTRICT: 1)

      OVERVIEW:
      The County of San Diego is fortunate to have an opportunity to reinvest taxpayer money into
      our communities for the benefit of the public. This action will assist the County in meeting the
      needs of individuals and families.

      FISCAL IMPACT:
      The fiscal impact of the proposed recommendations is $86,500.00. These actions will result in
      the addition of no staff years and no future costs.

      RECOMMENDATION:
      SUPERVISOR COX:
      1. Find that the allocations to the Barrio Logan College Institute and the Ocean Beach
         Community Development Corporation are exempt from the California Environmental
         Quality Act (CEQA) pursuant to CEQA Guidelines section 15301.
      2. Allocate $25,000 from the Community Projects budget (org 15650) to the Barrio Logan
         College Institute to renovate its building located at 1807 Main Street, San Diego.
      3. Allocate $4,600 from the Community Projects budget (org 15650) to the Latina/Latino
         Indigenous People Unity Coalition for materials and audio/visual equipment for foster
         youth events.
      4. Allocate $15,000 from the Community Projects budget (org 15650) to the Ocean Beach
         Community Development Corporation for Sunset Cliffs Boulevard median landscaping
         and hardscaping.
      5. Allocate $2,000 from the Community Projects budget (org 15650) to the Ocean Beach
         Town Council, Tree Festival Committee for equipment and supplies for the 2005 Ocean
         Beach Tree Festival.
      6. Allocate $5,400 from the Community Projects budget (org 15650) to the San Diego
         Performing Arts League for purchase and launch of a new ticketing system.
      7. Allocate $9,200 from the Community Projects budget (org 15650) to Social Advocates for
         Youth (SAY) San Diego for furniture and office equipment.
      8. Allocate $15,300 from the Community Projects budget (org 15650) to the Sherman
         Heights Community Center for kitchen appliances and equipment.
      9. Allocate $10,000 from the Community Projects budget (org 15650) to South Bay
         Community Services to purchase equipment and construct a kids' play area at Casa Nueva
         Vida.
      10. Ratify the expenditure of grant funding allocated by the Board of Supervisors on
          September 28, 2004 (1) to Aquatic Adventures for van repairs.
      11. Authorize Aquatic Adventures to use grant funding allocated by the Board of Supervisors
          on September 28, 2004 (1) for the purchase of equipment and supplies.



      10/18/05                                                                                16
      12. Find that the grant awards described above have a public purpose.
      13. Authorize the Chief Financial Officer to execute grant agreements with the organizations
          listed in recommendations 2 through 9, establishing terms for the receipt of the funds
          described above and to execute an amendment to the grant agreement with Aquatic
          Adventures to authorize the expenditures described above.

      ACTION:
      ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board took action as
      recommended on Consent.
      AYES: Cox, Jacob, Slater-Price, Roberts, Horn

17.   SUBJECT:       PLAN TO REFUND OVERPAYMENTS OF TRANSIENT OCCUPANY
                     TAX (DISTRICTS: ALL)
      OVERVIEW:
      As a result of recent litigation on whether the Transient Occupancy Tax (TOT) is applicable to
      a hotel on tribal land, it came to the County’s attention in June 2005 that the former Board of
      Supervisors in 1990 amended Section 22.203 of the County Code of Regulatory Ordinances to
      increase the TOT rate from 8% to 9% without voter approval. Consequently, on July 26, 2005
      (15), the Board adopted an ordinance amending Section 22.203 to decrease the TOT rate from
      9% to 8%, effective August 1, 2005. This letter recommends that your Board approve a plan
      to refund the overpayments of TOT for the applicable time periods.
      FISCAL IMPACT:
      The establishment of the TOT Refund Account will result in the use of $1 million of FY 04/05
      General Fund Balance.
      Administrative costs pertaining to this project are expected to be funded through existing
      appropriations in the Treasurer-Tax Collector’s office.

      RECOMMENDATION:
      TREASURER-TAX COLLECTOR
      1. Approve the establishment of a TOT Refund Account and the transfer of $1 million to the
         Account funded by FY 04-05 General Fund balance. The TOT Refund Account will be
         maintained in the Treasurer’s office with the assets being monitored and invested by the
         Treasury staff. The Treasurer-Tax Collector will be designated as the administrator of the
         TOT Refund Account. (4 VOTES)
      2. Approve an Outreach Plan (Attachment A) wherein the Treasurer-Tax Collector will work
         closely with the hotel/motel establishments to identify valid claimants; review refund
         claims based on establishment records or submitted claims; and approve and authorize
         refund payments.

      ACTION:
      ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board took action as
      recommended on Consent.
      AYES: Cox, Jacob, Slater-Price, Roberts, Horn



      10/18/05                                                                               17
18.   SUBJECT:        TRANSFER OF TERRITORY BETWEEN SOLANA BEACH AND DEL
                      MAR SCHOOL DISTRICTS (DISTRICT 3)

      OVERVIEW:
      California Education Code Section 35765 requires your Board to order the transfer of territory
      between local school districts, after receiving proper evidence that an action to reorganize schools
      districts has been approved by law. Petitions for transfer of territory between the Solana Beach
      and Del Mar School Districts have been approved by their respective Boards, as well as the San
      Diego County Board of Education, following public hearings and have been transmitted for your
      review and approval.

      FISCAL IMPACT:
      The proposed reorganization will have no effect on the fiscal management or status of the County
      of San Diego. Neither the Districts nor the State provide reimbursement to the County for this
      action.

      RECOMMENDATION:
      CHIEF ADMINISTRATIVE OFFICER
      Adopt the resolution ordering Transfer of Territory between the Solana Beach and Del Mar
      School Districts.

      ACTION:
      ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board took action as
      recommended on Consent, adopting Resolution No. 05-191 entitled: TRANSFER OF
      TERRITORY BETWEEN SOLANA BEACH SCHOOL DISTRICT AND DEL MAR
      UNION SCHOOL DISTRICT.
      AYES: Cox, Jacob, Slater-Price, Roberts, Horn

19.   SUBJECT:        TRANSFER OF TERRITORY BETWEEN VISTA UNIFIED AND
                      BONSALL UNION/FALLBROOK UNION HIGH SCHOOL
                      DISTRICTS (DISTRICT 5)
      OVERVIEW:
      California Education Code Section 35765 requires your Board to order the transfer of territory
      between local school districts, after receiving proper evidence that an action to reorganize schools
      districts has been approved by law.
      Petitions for transfer of territory between the Vista Unified and Bonsall Union/Fallbrook Union
      School Districts have been approved by their respective Boards, as well as the San Diego County
      Board of Education, following public hearings and have been transmitted for your review and
      approval.

      FISCAL IMPACT:
      The proposed reorganization will have no effect on the fiscal management or status of the County
      of San Diego. Neither the Districts nor the State provide reimbursement to the County for this
      action.




      10/18/05                                                                                   18
      RECOMMENDATION:
      CHIEF ADMINISTRATIVE OFFICER
      Adopt the resolution ordering Transfer of Territory between the Vista Unified and Bonsall
      Union/Fallbrook Union School Districts.

      ACTION:
      ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board took action as
      recommended on Consent, adopting Resolution No. 05-192 entitled: TRANSFER OF
      TERRITORY BETWEEN VISTA UNIFIED SCHOOL DISTRICT AND BONSALL UNION
      SCHOOL DISTRICT/FALLBROOK UNION HIGH SCHOOL DISTRICT.
      AYES: Cox, Jacob, Slater-Price, Roberts, Horn


20.   SUBJECT:       COMMUNICATIONS RECEIVED (DISTRICT: ALL)

      OVERVIEW:
      Board Policy A-72, Board of Supervisors Agenda and Related Process, authorizes the Clerk of
      the Board to prepare a Communications Received for Board of Supervisors' Official Records.
      Routine informational reports, which need to be brought to the attention of the Board of
      Supervisors yet not requiring action, are listed on this document. Communications Received
      documents are on file in the Office of the Clerk of the Board.
      FISCAL IMPACT:
      Not Applicable.

      RECOMMENDATION:
      CHIEF ADMINISTRATIVE OFFICER:
      Note and file.
      ACTION:
      ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board took action as
      recommended on Consent.
      AYES: Cox, Jacob, Slater-Price, Roberts, Horn


21.   SUBJECT:       ADMINISTRATIVE ITEM:
                     APPOINTMENTS (DISTRICT: ALL)
      OVERVIEW:
      These appointments are in accordance with applicable Board Policy A–74, Citizen
      Participation in County Boards, Commissions and Committees and Board Policy I–1, Planning
      and Sponsor Group Policies and Procedures.

      FISCAL IMPACT:
      N/A




      10/18/05                                                                           19
      RECOMMENDATION:
      SUPERVISOR COX:
      Appoint Doris A. Payne to the Aging and Independence Advisory Council for a term to expire
      January 5, 2009.
      Appoint Emerald Randolph to the Commission on Children, Youth and Families for a term to
      expire January 5, 2009.
      Reappoint Dr. Robert E. Hertzka to the Health Services Advisory Board for a term to expire
      January 5, 2009.
      Reappoint Dr. Ben Medina to the Health Services Advisory Board for a term to expire January
      5, 2009.
      Reappoint Jamie Minotti to the Community Action Partnership Administering Board for a
      term to expire January 5, 2009.
      SUPERVISOR JACOB:
      Appoint Patricia O’Mara to the Pine Valley Community Planning Group, Seat No. 11, for a
      term to expire January 5, 2009.
      Appoint Jay Haron to fill Seat No. 14 on the Jamul Dulzura Community Planning Group for a
      term to expire January 8, 2007.
      Appoint Eldona P. Lay to the San Diego Historic Site Board for a term to expire January 5,
      2009.

      ACTION:
      ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board took action as
      recommended on Consent.
      AYES: Cox, Jacob, Slater-Price, Roberts, Horn


22.   SUBJECT:       LOCAL COMMUNITY PROJECTS GRANTS (DISTRICT: 3)

      OVERVIEW:
      Funding for the Community Projects Grant program was included in the fiscal year 2005-2006
      adopted budget in order to further public purposes throughout the County.
      FISCAL IMPACT:
      The current year total combined cost of these 25 projects is $155,600. The funding source is
      the Community Projects Budget (org 0263). This will result in the addition of no staff years
      and no future year costs.
      RECOMMENDATION:
      CHAIRWOMAN SLATER-PRICE:
      1. Find that the allocations to the Scripps Ranch Theatre and Starr Theatre are exempt from
         the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section
         15301.




      10/18/05                                                                            20
2. Transfer $8,000 from the Community Projects Grant Budget (org 0263) to the San Diego
   County Library (Org 57300 – Acct48106) to bring the “Noche de Familia” program to the
   Cardiff Library.
3. Allocate $1,000 from the Community Projects Grant Budget (org 0263) to the Friends of
   the Cardiff-by-the-Sea Library to bring the “Noche de Familia” program to the Cardiff
   Library.
4. Allocate $3,500 from the Community Projects Grant Budget (org 0263) to the Encinitas
   Chamber of Commerce for the purchase of two bells for the El Camino Real Bell Project.
5. Allocate $11,000 from the Community Projects Grant Budget (org 0263) to the Scripps
   Ranch Theatre to purchase an awning for their theater lobby located at 10755-F Scripps
   Poway Parkway.
6. Allocate $2,500 from the Community Projects Grant Budget (org 0263) to the Bernardo
   Concerts Association to offset costs associated with their 2005-06 season.
7. Allocate $5,000 from the Community Projects Grant Budget (org 0263) to Mojalet Dance
   Collective to assist with costs associated with their “Moving On” production.
8. Allocate $4,500 from the Community Projects Grant Budget (org 0263) to Trauma
   Intervention Programs of San Diego County to offset costs associated with putting on their
   annual fundraiser and awards gala.
9. Allocate $5,000 from the Community Projects Grant Budget (org 0263) to the Kiwanis
   Club of Greater Encinitas for their Gift Book Program.
10. Allocate $5,000 from the Community Projects Grant Budget (org 0263) to Culture Shock
    to assist with educational outreach performances within District Three.
11. Allocate $7,000 from the Community Projects Grant Budget (org 0263) to the Retired
    Senior Volunteer Patrol Program to purchase vehicle theft recovery systems to be used in
    the Mira Mesa, Rancho Penasquitos, and Rancho Bernardo areas.
12. Allocate $5,000 from the Community Projects Grant Budget (org 0263) to the Children’s
    Discovery Museum to provide admission scholarships to low income households within
    District Three.
13. Allocate $2,000 from the Community Projects Grant Budget (org 0263) to the Elite DVBE
    Network to offset costs associated with hosting the 2nd Annual National Convention of
    Small Disabled Veteran Businesses.
14. Allocate $1,600 from the Community Projects Grant Budget (org 0263) to Del Mar
    Community Connections to offset the costs associated with their benefit gala.
15. Allocate $10,000 from the Community Projects Grant Budget (org 0263) to the University
    of California San Diego Foundation for the Sulpizio Family Cardiovascular Center’s
    production costs associated with their 9th annual “Heart of San Diego” event.
16. Allocate $4,000 from the Community Projects Grant Budget (org 0263) to the Escondido
    Children’s Museum for museum programs and exhibits.




10/18/05                                                                             21
17. Allocate $5,000 from the Community Projects Grant Budget (org 0263) to the Kiwanis
    Club of Tierrasanta to assist with costs associated with purchasing fireworks for their
    Tierrafest and Octoberfest events.
18. Allocate $20,000 from the Community Projects Grant Budget (org 0263) to Arc of San
    Diego as a matching grant to assist with the purchase of a new wheelchair access passenger
    van.
19. Allocate $3,000 from the Community Projects Grant Budget (org 0263) to Story Arts Inc.
    to help continue the “Legacies Project” in Encinitas.
20. Allocate $10,000 from the Community Projects Grant Budget (org 0263) to the Star
    Theatre to assist with costs associated with replacing the roof of the theater located at 402
    North Coast Highway, Oceanside.
21. Allocate $7,500 from the Community Projects Grant Budget (org 0263) to Class A.C.T. for
    five 6-week workshops within District Three.
22. Allocate $5,000 from the Community Projects Grant Budget (org 0263) to San Diego’s
    Civic Youth Orchestra for one concert taking place at the California Center of the Arts –
    Escondido and assist in the cost of scholarships for 65 District Three children.
23. Allocate $10,000 from the Community Projects Grant Budget (org 0263) to the San Diego
    Performing Arts League for the ARTS TIX North guide, as well as other promotional and
    tourism activities.
24. Allocate $10,000 from the Community Projects Grant Budget (org 0263) to the San Diego
    Women Film Foundation to support workshops for District Three young adults, as well as
    costs associated with purchasing film equipment.
25. Allocate $5,000 from the Community Projects Grant Budget (org 0263) to the Escondido
    Public Library for the 2nd Annual Scrabble Tournament fundraising event.
26. Allocate $5,000 from the Community Projects Grant Budget (org 0263) to the Community
    Resource Center for the “Holiday Gift Basket Program.”
27. Authorize the Chief Financial Officer to execute grant agreements with these organizations
    listed in Recommendations 3 through 26 establishing terms for receipt of the funds
    described above.
28. Find that all grant awards described above have a public purpose.

ACTION:
ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board took action as
recommended on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn




10/18/05                                                                                22
23.   SUBJECT:        APPOINTMENTS TO THE CALIFORNIA STATE ASSOCIATION OF
                      COUNTIES (CSAC) (DISTRICT: 3)

      OVERVIEW:
      Appointments to the California state association of counties (CSAC).

      FISCAL IMPACT:
      N/A

      RECOMMENDATION:
      CHAIRWOMAN SLATER-PRICE:
      Appoint Supervisor Bill Horn as the County of San Diego Representative on the California
      State Association of Counties (CSAC) for a term beginning November 1, 2005 and expiring
      October 31, 2006.
      Appoint Supervisor Pam Slater-Price as the Alternate County of San Diego Representative on
      the California State Association of Counties (CSAC) for a term beginning November 1, 2005
      and expiring October 31, 2006.
      ACTION:
      ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board took action as
      recommended on Consent.
      AYES: Cox, Jacob, Slater-Price, Roberts, Horn


24.   SUBJECT:        PROTECTING CALIFORNIA’S COASTLINE (DISTRICTS: ALL)

      OVERVIEW:
      The Minerals Management Service of the United States Department of the Interior has
      requested formal comments from local jurisdictions and other interested parties on its
      Proposed Five-Year Outer Continental Shelf Leasing Program and Environmental Impact
      Statement. Additionally, federal legislation entitled the Energy Policy Act of 2005 contains a
      requirement that the Secretary of the Interior conduct a comprehensive inventory of oil and gas
      resources beneath all waters of the Outer Continental Shelf, taking into account considerations
      such as the potential for the discovery of oil and gas.
      The Board of Supervisors has long opposed any offshore oil drilling in the coastal waters
      within the San Diego region and advocated for an increase in State and local governments'
      decision-making roles regarding offshore operations (2005 Legislative Policy Guidelines
      VII.A.1 and 2). Current efforts in Congress to revive offshore oil and gas leasing on the
      continental shelf and terminate the twenty-five-year bipartisan Congressional moratorium that
      protects the California coastline from offshore drilling would jeopardize California’s valuable
      fishing and tourism industries and seriously threaten the State’s fragile ocean ecosystems.
      Offshore oil production anywhere off the Pacific Coast puts at risk the quality of our air, water
      and marine environment and would adversely impact sensitive ocean resources.
      As the third largest county in California, San Diego County’s future is tied closely to the
      State’s. As such, any adverse impact on California’s coastline and ocean resources would


      10/18/05                                                                                23
      have negative effects on this region. San Diego County must reaffirm our position in
      opposition to offshore oil drilling and the devastating impacts it would cause in California.

      FISCAL IMPACT:
      There is no fiscal impact associated with this proposal.

      RECOMMENDATION:
      CHAIRWOMAN SLATER-PRICE AND SUPERVISOR COX:
      1. Direct the Chief Administrative Officer to draft a letter for the Chairwoman’s signature to
         United States Senators Barbara Boxer and Dianne Feinstein, the San Diego Congressional
         Delegation, Governor Arnold Schwarzenegger, all coastal California counties, and to the
         United States Department of the Interior stating the San Diego County Board of
         Supervisors strong opposition to offshore drilling in the coastal waters of California.
      2. Direct the Chief Administrative Officer to authorize the County’s Washington
         representative to continue to communicate and advocate for the County’s position
         consistent with the 2005 Legislative Policy Guidelines VII.A.1 and 2 regarding offshore
         drilling in California.
      ACTION:
      ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board took action as
      recommended on Consent.
      AYES: Cox, Jacob, Slater-Price, Roberts, Horn

25.   SUBJECT:      CLOSED SESSION (DISTRICT: ALL)

      OVERVIEW:
      A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
         (Subdivision (a) of Government Code section 54956.9) John Kreischer v. County of
         San Diego, et al.; United States District Court No. 05-CV-0014-JM (AJB)
      B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
         (Subdivision (a) of Government Code section 54956.9)
         County of San Diego v. Michael S. Rakowski, et al.; San Diego County Superior Court
         No. GIC 830155-1
      C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
         (Subdivision (a) of Government Code section 54956.9) County of San Diego v. El
         Tigre, Inc., et al.; San Diego Superior Court No. GIN 039333-1
      D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
         (Subdivision (a) of Government Code section 54956.9) County of San Diego v. City of
         El Cajon (Raleigh); San Diego Superior Court No. GIC 853367
      E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
         (Subdivision (a) of Government Code section 54956.9)
         County of San Diego v. City of El Cajon (Home Depot); San Diego Superior Court No.
         GIC 853366



      10/18/05                                                                              24
      F. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
         (Subdivision (a) of Government Code section 54956.9)
         Riverwatch, et al. v. County of San Diego, et al.; San Diego County Superior Court No.
         GIN 038227
      G. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
         (Subdivision (a) of Government Code section 54956.9)
         Sharp Healthcare, et al. v. County of San Diego, et al.; San Diego County Superior
         Court No. GIC 834455
      H. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
         (Subdivision (a) of Government Code section 54956.9)
         Alan Liker, et al. v. Foundation for the Preservation of Mt. Helix, et al.; San Diego
         County Superior Court No. GIE 003429
      I. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
         (Government Code section 54957)

      ACTION:
      Any reportable items will be announced on Wednesday, October 19, 2005, prior to the Board of
      Supervisors Planning and Land Use meeting.


26.   SUBJECT:       PRESENTATIONS/AWARDS

      OVERVIEW:
      Chairwoman Pam Slater-Price presented a proclamation declaring today AVID Day and Mary
      Catherine Swanson Day throughout the County of San Diego.
      Supervisor Greg Cox presented a proclamation declaring today Lennar Corporation Day
      throughout the County of San Diego.
      Supervisor Dianne Jacob presented a proclamation declaring today GET Engineering
      Corporation Day throughout the County of San Diego.


27.   SUBJECT:        PUBLIC COMMUNICATION

      OVERVIEW:
      Robert Mulz spoke to the Board thanking them for Support of the DVBE.

      ACTION:
      Heard, referred to the Chief Administrative Officer.


      There being no further business, the Board adjourned at 11:00 a.m. in memory of Dick
      Faber, Jessica Parada, John Yavorsky, Sergeant Mike Sonoda, Jr., Sergeant Brain
      Dunlap, Randall C. Phillips and Carilyn Gilbert.


      10/18/05                                                                            25
                            THOMAS J. PASTUSZKA
                         Clerk of the Board of Supervisors
                       County of San Diego, State of California



Consent: Kellogg
Discussion: Hall


NOTE: This Statement of Proceedings sets forth all actions taken by the County of San
Diego Board of Supervisors on the matters stated, but not necessarily the chronological
sequence in which the matters were taken up.




10/18/05                                                                            26

				
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